Shapiro v. City Of Winston-salem, 755.
| Decision Date | 05 January 1938 |
| Docket Number | No. 755.,755. |
| Court | North Carolina Supreme Court |
| Parties | SHAPIRO. v. CITY OF WINSTON-SALEM et al. |
Appeal from Superior Court, Forsyth County; J. H. Clement, Judge.
Action for wrongful death by Moses Shapiro, administrator of the estate of Brantley Moss, deceased, against the City of Winston-Salem and another. From a judgment of involuntary nonsuit as to the City of Winston-Salem, the plaintiff appeals.
Affirmed.
This is a civil action instituted by the plaintiff to recover damages for the alleged wrongful death of his intestate, Brantley Moss. The Works Progress Administration, an agency of the federal government, adopted as one of its projects the improvement of Hanes Park, which is a public park and playground owned by the City of Winston-Salem. Within the park is located an elementary school, the high school gymnasium, base ball diamond, a football field, a race track, bridges and walks, and other park improvements. It is used to a large extent as a playground connected with the elementary school and the Richard J. Reynolds High School. The WPA project provided for improvements to the tennis courts and race track, three bridges, the planting of shrubbery, improvements to the football and baseball fields, improvement of about two miles of walks and paths, the terracing and improvement of a small creek and other open drains, and the raising of the level of some of the land.
The City of Winston-Salem was the sponsor for the project and agreed to contribute $1,200 to the total cost of the project. As a part of its contribution the city agreed to contribute 50 truck days of eight hours each; that is to say, it agreed to furnish a truck and driver, or trucks and drivers, for an equivalent of 400 hours.
The entire work was under the control of the Works Progress Administration organization; there being an area engineer, a general foreman, and other subofficials in charge. The work was being done, however, in accord with plans and specifications furnished by the city, and city officials exercised that degree of supervision necessary to assure the city that the work was being done as provided in the plans and specifications. The city officials exercised no control over the employees doing the work. Employees furnished by it worked under the supervision and direction of the WPA officials.
The defendant Masten Hawkes, an employee of the city and upon its pay roll, on March 16, 1936, was sent with a city truck by an official of the City of Winston-Salem to report to...
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McFarland v. Dixie Machinery & Equipment Co.
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